REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
San Fernando City, La Union
Region I

FOR:
OFFICE OF THE PROVINCIAL PROSECUTOR OF AURORA
Baler, Aurora

STARMAE RANILLO Y RONATO,

Complainant,
NPS NO.IV-01-INV-15J-330
For: R.A. 6539
-versus-

EARL JOSHUA FELIPE Y ALATA,

KUMAR PATRICK PADILLA Y GURAY,
EMMANUEL FAITH RAMOS,
Respondents.
X---------------------------------------------X
RESOLUTION

For resolution is a complaint for violation of R.A. 6539 filed by STARMAE

RANILLO Y RONATO (STARMAE), against respondents, EARL JOSHUA FELIPE
Y ALATA, KUMAR PATRICK PADILLA Y GURAY, EMMANUEL FAITH RAMOS,
all are 15 years of age as December 08, 2015.

Complainant Starmae, alleged that on December 07, 2015, at about 8:00

p.m., in Brgy. Florida, Maria Aurora, Aurora, she noticed that her motorcycle parked
inside the compound of their boarding house was missing.

After sometime searching for the motorcycle, complainant’s board mates

Zyren C. Venilda and Aljon Jay E. Perianiza arrived. They apprised the complainant
that they saw the complainant’s motorcycle along Pudoc Bridge, Baler, Aurora and
was being used by Emmanuel Faith Ramos with two other companions. Immediately
thereafter, the complainant reported the incident to the police station of Maria
Aurora.
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NPS NO.IV-01-INV-15J-330

On December 08, 2015, at around 8:00 a.m., while the complainant Starmae
was inside the police station of Maria Aurora, one of her classmates; Angelo
Salamanca, informed that the motorcycle was seen parked and abandoned at Brgy.
Alcala, Maria Aurora, Aurora. The police went to the said place and were able to
recover the motorcycle of the complainant.

Attached to the complaint-affidavit are the following:

1. Sworn Statement of Starmae R. Ranillo;

2. Sinumpaang Salaysay of PO3 Jacquel John O. Sigua;
3. Pinagsamang Salaysay of Zyrene C. Venida and Aljon Jay E, Perianiza;
4. Photographs of the subject motorcycle.

Respondents were issued a subpoena but failed to file their Counter-Affidavit.

Hence, this complaint will be resolved based on the evidenced submitted by the
Complainant.

We resolve.

Section 2 of Republic Act No. 6539, as amended defines “carnapping” as “the

taking, with intent to gain, of a motor vehicle belonging to another without the
latter's consent, or by means of violence against or intimidation of persons, or by
using force upon things.”

The elements  of carnapping are thus: (1) the taking of a motor vehicle which
belongs to another; (2) the taking is without the consent of the owner or by means
of violence against or intimidation of persons or by using force upon things; and (3)
the taking is done with the intent to gain.

Carnapping is essentially the robbery or theft of a motorized vehicle, the

concept of unlawful taking in theft, robbery and carnapping being the same.

Before we delve into the existence of probable cause. It is worth to note that
in the crime of Carnapping, Robbery and Theft, the penalty is based on the
value of the property taken.

Upon perusal of the Complaint-Affidavit of the complainant, as well as its

attachments, the undersigned unfortunately did not find any evidence of the value
of the subject vehicle taken. While the value of the property purportedly subject of
Carnapping is not jurisdictional, it is very important for purposes of basing the
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NPS NO.IV-01-INV-15J-330

penalty and for imposition of recommended bail. Thus, the investigating prosecutor
is constrained to dismiss the same for insufficiency of evidence.

WHEREFORE, premises considered, the case for violation of R.A. 6539

against respondents, EARL JOSHUA FELIPE Y ALATA, KUMAR PATRICK
PADILLA Y GURAY, EMMANUEL FAITH RAMOS is hereby dismissed for
insufficiency of evidence without prejudice of filing the same when the
evidence so warrant.

Done this 21st day of August, 2019, at San Fernando City, La Union.

RODERICK R. AQUINO
Assistant City Prosecutor
ACTING PROVINCIAL PROSECUTOR OF AURORA
(Per Department Order No.309 dated 18 June 2019)

Copy Furnished: All parties